ANCA.ORG WEBSITE TERMS OF USE
AND COPYRIGHT NOTICE
The following terms and conditions (the "Agreement") govern
all use of the www.marchtojustice.org website (the "Site") and the
products and services available on or at the Site (taken together with
the Site, the "Activism service"). The Service is owned and operated by
the Armenian National Committee of America ("ANCA"). The Service is
offered subject to your (the "User's") acceptance without modification
of all of the terms and conditions contained herein and all other
operating rules, policies and procedures that may be published from time
to time on the Site by the Armenian National Committee of America. BY
USING OR ACCESSING ANY PART OF THE SERVICE, YOU (the "User") AGREE TO
ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO
NOT USE OR ACCESS THE SERVICE.
ANCA reserves the right, at its sole discretion, to modify or
replace any of the terms or conditions of this Agreement at any time.
It is User's responsibility to check this Agreement periodically for
changes. User's continued use of the Service following the posting of
any changes to this Agreement constitutes acceptance of those changes.
ACCESS
Subject to the terms and conditions of this Agreement, the
software and services provided in connection with the Activism service
are solely for User's own personal use, and not for the use or benefit
of any third party. ANCA may change, suspend or discontinue the
Services, including the availability of any feature, database or
content, at any time. ANCA may also impose limits on certain features
and services or restrict User's access to parts or all of the Services
without notice or liability. ANCA reserves the right, at its discretion,
to modify this Agreement at any time by posting a notice on the Site or
by sending User a notice via email or postal mail. User shall be
responsible for reviewing and becoming familiar with any such
modifications. Use of the Service by User following such notification
constitutes User's acceptance of the terms and conditions of this
Agreement as modified.
User certifies to ANCA that if User is an individual (i.e.,
not a corporation) User is at least 14 years of age (provided that, if
User is located in a state in which 14 is under the age of majority,
then User represents he/she has the legal consent of a legal guardian to
enter this Agreement). User also certifies that User is legally
permitted to use the Service and takes full responsibility for the
selection and use of the Activism service. This Agreement is void where
prohibited by law, and the right to access the Activism service is
revoked in such jurisdictions.
SITE CONTENT
User agrees that all content and materials (collectively,
"Content") delivered via the Activism service or otherwise made
available by ANCA at the Site are protected by copyrights, trademarks,
service marks, patents, trade secrets or other proprietary rights and
laws. User may print or download a reasonable number of copies of the
materials or content at this Site for User's own informational purposes;
provided, that User retain all copyright and other proprietary notices
contained therein. Reproducing, copying or distributing any content,
materials or design elements on the Site for any other purpose is
strictly prohibited without the express prior written permission of
ANCA.
Use of the content or materials for any purpose not
expressly permitted in this Agreement is prohibited. Any rights not
expressly granted herein are reserved.
USER CONTENT
The Sites and Activism service may permit the submission of
communications (such as Send a letter to your legislator or signing
petition, person video message recording) and other content submitted by
User ("User Submission(s)") and the hosting, sharing, and/or publishing
of such User Submission(s).
User agrees that ANCA has no liability with respect to any
Wrong or misleading User Submission(s), including, without limitation,
User's User Submission(s), and User hereby irrevocably release ANCA and
its officers and directors, employees, agents, representatives and
affiliates, from any and all liability arising out of or relating to
User Submission(s) or any part thereof.
User further agrees that User will not: (i) publish
falsehoods or misrepresentations that could damage ANCA or any third
party; (ii) submit material that is unlawful, obscene, lewd, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or
ethnically offensive, excessively violent, or encourages conduct that
would be considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate or objectionable; (iii)
post advertisements or solicitations of business; (iv) impersonate
another person; (v) submit material that is copyrighted, protected by
trade secret or otherwise subject to third party intellectual property
or proprietary rights, including privacy and publicity right, unless you
are the owner of such rights or have permission from their rightful
owner to post the material and to grant ANCA all of the license rights
granted herein; or (vi) submit material that is unsuitable for minors in
any country.
ANCA does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and ANCA expressly
disclaims any and all responsibility or liability in connection with
User Submission(s). ANCA reserves the right to, in its sole discretion,
remove any User Submission(s) at any time (with or without notice).
RESTRICTIONS
User shall not use any "deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or methodology,
or any similar or equivalent manual process, to access, acquire, copy or
monitor any portion of the Service or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of
the Service or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not purposely made
available through the Service. ANCA reserves the right to bar any such
activity.
User shall not attempt to gain unauthorized access to any
portion or feature of the Service, or any other systems or networks
connected to the Service or to any ANCA server, or to any of the
services offered on or through the Service, by hacking, password
"mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the
Service or any network connected to the Service, nor breach the security
or authentication measures on the Service or any network connected to
the Service. User shall not reverse look-up, trace or seek to trace any
information on any other user of or visitor to the Service, or any other
user of ANCA, including any ANCA account not owned by User, to its
source, or exploit the Activism service or any service or information
made available or offered by or through the Activism service, in any way
where the purpose is to reveal any information, including but not
limited to personal identification or information, other than User's own
information, as provided for by the Activism service.
User shall not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the Service or
ANCA' systems or networks, or any systems or networks connected to the
Service or to ANCA.
User shall not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Service
or any transaction being conducted on the Service, or with any other
person's use of the Service.
User shall not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or
transmittal User sends to ANCA on or through the Activism service. User
shall not, in connection with the Service, pretend (e.g. through
impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose
that is unlawful or prohibited by this Agreement, or that infringes the
rights of ANCA or others.
REGISTRATION; SECURITY
As a condition to using certain features of the Activism
service, User will automatically register with ANCA and a password and
User name ("ANCA User ID") will be sent to the Users email address. User
shall provide ANCA with accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of this
Agreement, which may result in immediate termination of User's account.
User may not (i) select or use as a ANCA User ID a name of another
person with the intent to impersonate that person; or (ii) use as a ANCA
User ID a name subject to any rights of a person other than User
without appropriate authorization. ANCA reserves the right, in its
discretion, to cancel or refuse registration of an ANCA User ID bu
sending an email to unsubscribe@anca.org. User shall be responsible for
maintaining the confidentiality of User's ANCA password and other
account information.
THIRD PARTY SITES.
The Site may permit User to link to other websites or
resources on the Internet, and other websites or resources may contain
links to the Site. These other websites are not under ANCA's control,
and User acknowledges that ANCA is not responsible or liable for the
content, functions, accuracy, legality, appropriateness or any other
aspect of such websites or resources. The inclusion of any such link
does not imply endorsement by ANCA. User further acknowledges and agrees
that ANCA shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in
connection with the use of or reliance on any content, goods,
information, or services available on or through any such website or
resource.
INDEMNIFICATION.
User is responsible for all of its activity in connection
with the Activism service. User shall defend, indemnify, and hold
harmless ANCA, its affiliates, and each of its and its affiliates'
employees, contractors, directors, suppliers and representatives from
all liabilities, claims, and expenses, including reasonable attorneys'
fees, that arise from (i) User's use or misuse of the Service; (ii)
User's access to any part of the Service, (iii) any of User's User
Submission(s), or (iv) otherwise from User's violation of this
Agreement.
WARRANTY DISCLAIMER
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY
SOFTWARE) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. ANCA MAKE NO WARRANTY THAT (I) THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR (II) THE RESULTS OF USING THE
SERVICE (OR ANY USER SUBMISSION(S)) WILL MEET USER'S REQUIREMENTS.
USER'S USE OF THE SERVICE IS SOLELY AT USER'S OWN RISK.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL ANCA, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE
ACTIVISM SERVICE (OR ANY CONTENT, PROGRAMS OR INFORMATION AVAILABLE
THROUGH THE SERVICE): (I) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF USER'S USE OF ANY CONTENT OR INFORMATION
POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH
THE ACTIVISM SERVICE
TERMINATION
ANCA may terminate User's access to all or any part of the
Service at any time, with or without cause, effective upon notice
thereof to User (provided that, if ANCA determines there may be an
immediate threat to ANCA, it may terminate such access without notice).
Upon termination notice from ANCA, User will (i) no longer
access (or attempt to access) the Activism service and (ii) delete all
software (and copies thereof) provided in connection with the Activism
service. All provisions of this Agreement that by their nature should
survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers and limitations
of liability.
ANCA' current privacy policy is available at
https://marchtojustice.org/privacy_policy/ (the "Privacy Policy"), which
is incorporated by this reference.
COPYRIGHT
All content included on the Site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of ANCA or its content
suppliers and is protected by United States and international copyright
laws. The compilation of all content on the Site is the exclusive
property of ANCA and is protected by U.S. and international copyright
laws. All software used on (or provided through) the Site is the
property of ANCA or its software suppliers and is protected by United
States and international copyright laws.
ELECTRONIC COMMUNICATIONS
When User visits the Site or sends e-mails to ANCA, User is
communicating with ANCA electronically. User hereby consents to receive
communications from ANCA electronically. ANCA will communicate with User
by e-mail or by posting notices on the Site. User agrees that all
agreements, notices, disclosures and other communications that ANCA
provides to User electronically satisfy any legal requirements that such
communications be in writing.
MISCELLANEOUS
The failure of either party to exercise in any respect any
right provided for herein shall not be deemed a waiver of any further
rights hereunder. ANCA shall not be liable for any failure to perform
its obligations hereunder where such failure results from any cause
beyond ANCA' reasonable control, including, without limitation,
mechanical, electronic or communications failure or degradation
(including "line-noise" interference).
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
ANCA has adopted the following general policy toward
copyright infringement in accordance with the Digital Millennium
Copyright Act. The address of ANCA' Designated Agent to Receive
Notification of Claimed Infringement ("Designated Agent") is listed at
the end of this policy.
It is ANCA' policy to (1) block access to or remove content
that it believes in good faith to be copyrighted material that has been
illegally copied and distributed by any of our advertisers, affiliates,
content providers, members or users; and (2) remove and discontinue
service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If User believes that content residing on or accessible
through the ANCA Activism service infringes a copyright, please send a
notice of copyright infringement containing the following information to
the Designated Agent listed below:
- A physical or electronic signature of a person authorized to
act on behalf of the owner of the copyright that has been allegedly
infringed;
- Identification of works or materials being infringed;
- Identification of the content that is claimed to be
infringing including information regarding the location of the
content
that the copyright owner seeks to have removed, with sufficient
detail
so that ANCA is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone
number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that
the content is not authorized by the copyright owner, its agent, or
the
law; and
- A statement made under penalty of perjury that the
information provided is accurate and the notifying party is
authorized
to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received
by the Designated Agent:
It is ANCA' policy:
- to remove or disable access to the infringing content;
- to notify the content provider, member or user that it has removed
or disabled access to the content;
- that repeat offenders will have the infringing content removed from
the system; and
- to terminate such content provider's, member's or user's access to
the service.
C. Procedure to Supply a Counter-Notice to the Designated
Agent:
If the content provider, member or user believes that the
content that was removed or to which access was disabled is either not
infringing, or the content provider, member or user believes that it has
the right to post and use such content from the copyright owner, the
copyright owner's agent or pursuant to the law, the content provider,
member or user must send a counter-notice containing the following
information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member
or user;
- Identification of the content that has been removed or
to which access has been disabled and the location at which the
content
appeared before it was removed or disabled;
- A statement that the content provider, member or user
has a good faith belief that the content was removed or disabled as
a
result of mistake or a misidentification of the content; and
- Content provider's, member's or user's name, address,
telephone number, and, if available, email address and a statement
that
such person or entity consents to the jurisdiction of the Federal
Court
for the judicial district in which the content provider's, member's
or
user's address is located, or if the content provider's, member's or
user's address is located outside the United States, for any
judicial
district in which ANCA is located, and that such person or entity
will
accept service of process from the person who provided notification
of
the alleged infringement.
If a counter-notice is received by the Designated Agent, ANCA
may send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed content or cease
disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member or
user, the removed content may be replaced, or access to it restored, in
10 to 14 business days or more after receipt of the counter-notice, at
ANCA' discretion.
Please contact ANCA' Designated Agent to Receive Notification of
Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed
Infringement:
Armenian National Committee of America
Attn: Elizabeth Chouljian
1711 N St. NW,
Washington, DC 20036